Cleveland v. Little Cahaba Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action.in unlawful detainer by tbe Little Oababa Coal Company against Thornton Cleveland, in justice court. Judgment for plaintiff, and defendant appealed to tbe circuit court, where judgment was again rendered for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action.in unlawful detainer by tbe Little Oababa Coal Company against Thornton Cleveland, in justice court. Judgment for plaintiff, and defendant appealed to tbe circuit court, where judgment was again rendered for plaintiff, and defendant appeals. “Little Cahaba Coal Company, the lessor, hereby leases to the undersigned, Thornton Cleveland, the lessee, house No. 555, with the premises inclosed within the inclosure immediately surrounding it, for occupation by the lessee as a residence and not otherwise, being a part of the property…
1Opinion
On Rehearing.
SOMERVILLE, J.
Appellant, defendant in the court below, advances three reasons in support of his argument that the general charge was erroneously given for plaintiff:' (1) The lease was terminated by an agent of plaintiff, whose authority to do so was, under the evidence, a question of fact for the jury; (2) the statutes (Code, §§ 4260, 4263) confer jurisdiction of this action upon justices of the p.eace only in those cases where the lessee’s possessory interest has terminated by the very terms of the lease itself, and not by the optional act of the lessor; and (3) the record does…
2Cases cited6 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Hines v. HinesSupreme Court of Alabama · 1920
- Thompson v. Union Springs Guano Co.Supreme Court of Alabama · 1918
- Vizard Invest. Co. v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1916
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